Tex. Prop. Code § 209.0091
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
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Statutory text
(a)
A property owners’ association may not file an application for an expedited court order authorizing foreclosure of the association’s assessment lien as described by Section 209.0092 (Judicial Foreclosure Required) (a) or a petition for judicial foreclosure of the association’s assessment lien as described by Section 209.0092 (Judicial Foreclosure Required) (d) unless the association has:
provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association’s lien and is evidenced by a deed of trust; and
provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the association mails the notice described in Subdivision (1).
(b)
Notice under this section must be sent by certified mail to the address for the lienholder shown in the deed records relating to the property that is subject to the property owners’ association assessment lien.
(c)
Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228 ), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 21, eff. September 1, 2015.
Source:
Section 209.0091 — Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­0091 (accessed May 26, 2025).
209.001
Short Title
209.002
Definitions
209.003
Applicability of Chapter
209.004
Management Certificates
209.005
Association Records
209.006
Notice Required Before Enforcement Action
209.007
Hearing Before Board
209.008
Attorney’s Fees
209.009
Foreclosure Sale Prohibited in Certain Circumstances
209.010
Notice After Foreclosure Sale
209.011
Right of Redemption After Foreclosure
209.012
Restrictive Covenants Granting Easements to Certain Property Owners’ Associations
209.013
Authority of Association to Amend Dedicatory Instrument
209.014
Mandatory Election Required After Failure to Call Regular Meeting
209.015
Regulation of Land Use: Residential Purpose
209.016
Regulation of Residential Leases or Rental Agreements
209.017
Justice Court Jurisdiction
209.0041
Adoption or Amendment of Certain Dedicatory Instruments
209.0042
Methods of Providing Notices to Owners
209.0051
Open Board Meetings
209.0052
Association Contracts
209.0055
Voting
209.0056
Notice of Election or Association Vote
209.0057
Recount of Votes
209.0058
Ballots
209.0059
Right to Vote
209.0061
Association Policy
209.0062
Alternative Payment Schedule for Certain Assessments
209.0063
Priority of Payments
209.0064
Third Party Collections
209.0065
Credit Reporting Services
209.0091
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
209.0092
Judicial Foreclosure Required
209.0093
Removal or Adoption of Foreclosure Authority
209.0094
Assessment Lien Filing
209.00505
Architectural Review Authority
209.00591
Board Membership
209.00592
Voting
209.00593
Election of Board Members
209.00594
Tabulation of and Access to Ballots
Up to date
Verified:
May 26, 2025
§ 209.0091. Prerequisites to Foreclosure: Notice & Opportunity to Cure for Certain Other Lienholders's source at
texas.gov
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Location:
https://texas.public.law/statutes/tex._prop._code_section_209.0091
Original Source:
Section 209.0091 — Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders ,
https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­0091
(last ac­cessed May 10, 2025).
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Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (August 20, 2026).